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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: andhra pradesh Year: 1970 Page 1 of about 21 results (0.042 seconds)

Mar 11 1970 (HC)

Indian Bank Ltd., Hyderabad Vs. Anomula Seshagiri Rao and Sons Co., Vi ...

Court : Andhra Pradesh

Decided on : Mar-11-1970

Reported in : AIR1971AP287

..... storied by the 1st defendant. therefore we are unable to say from the facts that the appellant-bank can invoke the aid of section 178 of the contract act. so it is evident that in a case where the 1st defendant has neither custody nor possession nor title to the property, he can confer no ..... high court in madras automobilies v. modern bank, air 1993 8 mad 545. the meaning of the words 'good faith' occurring in section 178 of the contract act came to be considered by the learned judges in that case. that was a case where a salesman acting on behalf of a motor dealer pledged a ..... 3rd defendant-firm or whether the appellant bank in good faith advanced the amount so as to enable the bank to rely upon section 178 of the contract act. out attention has been invited to specific portions of the evidence of d.ws.2 and 4 to show that the agency of the 1st defendant ..... , its proper construction and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then there being no express bargain the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document, being merely evidential does not require ..... of the 1st defendant contended that the court below was right in holding that ex. a-27 is compulsorily registrble as it is a document evidencing the contract of mortgage and as such there are no grounds for reversing the finding of the court below in this regard.9. we may first dispose of the .....

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Mar 30 1970 (HC)

Sunkara Venkateswara Rao Vs. the Joint Regional Transport Officer, Kri ...

Court : Andhra Pradesh

Decided on : Mar-30-1970

Reported in : AIR1971AP186

..... the owners of the stage carriages would sometimes hand over their vehicles along with their driver, conductor and checking staff to the person who contracted to carry a number of passengers from one place to another as agreed upon and sometimes there is a possibility of the driver and the ..... for determination is whether the penalty levied on the petitioners is valid and justifiable. indisputable, all the petitioners have paid tax for their vehicles as contract carriages within 15 days after the commencement of the quarter in question . it is not the case of the transport authorities that at the beginning ..... (20) defines permit as the document issued by the commissioner, state or regional transport authority authorising the user of a transport vehicle as a contract carriage or stage carriage or authoring the owner as a private carrier or a public carrier to use such a vehicle. section 123 of the ..... either for the whole journey or for stages of the journey.'section 48 deals with stage carriage permits, whereas section 50 provides for the grant of contract carriages. section 59 (3) imposes general conditions applicable to all permits. under section 51(2), the regional transport authority may subject to any ..... authorities under the motor vechiles taxation act are not competent to levy tax and penalty as state carriages in respect of vehicles covered by contract carriage permits for violation of any conditions of the permits and in any event the levy of full quarter tax where the offence has .....

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Apr 09 1970 (HC)

The Hyderabad Asbestos Cement Products Limited and anr. Vs. the State ...

Court : Andhra Pradesh

Decided on : Apr-09-1970

Reported in : [1973]30STC26(AP)

..... and the latter accepts the offer. the parties then make and sign an agreement in writing. there is thus a direct privity of contract between the parties. the contract is a contract of sale and purchase of cane, though the buyer is obliged to give his assent under compulsion of a statute. the state ..... by the controller, there was no such exercise of volition, their lordships intended to lay down any broad proposition that there could never be a contract of sale when the parties were merely complying with statutory directions. this position was made clear by their lordships themselves in later cases to which we ..... to a sale. the transactions of despatches of sugar by the assessees pursuant to the directions of the controller were not the result of any such contract of sale. it is common ground that the province of madras intimated its requirements of sugar to the controller, and the controller called upon the ..... madras and the sugar was despatched pursuant to the direction of the controller, there was no offer and no acceptance and, therefore, there was no contract of sale. it was, therefore, held that the turnover relating to the despatch of sugar by the company to the state of madras could not ..... to detain any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.'12. a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position .....

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Feb 27 1970 (HC)

Kakaraparthy Bhavanarayana Vs. Official Reciever, Krishna and ors.

Court : Andhra Pradesh

Decided on : Feb-27-1970

Reported in : AIR1971AP359

..... already been done earlier or to be done in future. therefore by ex. a-7 the bargain was reduced into writing and it embodied the contract of the mortgage itself between the registration and not having been registered it cannot be used in evidence at all and the transaction cannot also be ..... from the document. it is also significant to note that after the written statements were filed by the defendants alleging that the letter itself constituted the contract of the mortgage as it was an integral part of the transaction and not merely the evidence of past or prior transaction of an equitable mortgage ..... fully paid and satisfied.'it was held by the privy council that the memorandum is of such a nature that it can be treated as the contract for the mortgage which the parties considered to be the only repository and appropriate evidence of their agreement and therefore it could be the instrument by ..... by deposit of title deeds in question was made apart from the independent of the document ex. a-7 or ex. a-7 itself forms the contract or bargain between the parties. there are a number of decisions where this question was considered with reference to the documents concerned in those cases. some ..... .' it means that when the debtor deposits with the creditor the title deeds of his property with a view to create security the law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 as in other forms of mortgage. the parties can also .....

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Nov 13 1970 (HC)

Mehrunnisswa Begum and anr. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Nov-13-1970

Reported in : AIR1971AP382

..... act was designed solely for the purpose of securing eviction of unauthorised occupants by summary process. the definition of 'public premises' in section 2 of the punjab act provides a contract to the provisions of section 2 of the impugned act. though the purview worth punjab act includes land whether used for agricultural or non-agricultural purposes. the essential purposes of ..... . we, however, respectfully agree with the view expressed by the learned chief justice that the express provision enabling an aggrieved person to resort to a civil court is in sharp contract to the provisions of section 10 of the punjab act which barred to the aggrieved person access to a civil court for redress. there is thus a clear distinction the .....

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Oct 14 1970 (HC)

Allied Exports and Imports, Gudur Nellore District Vs. State of Andhra ...

Court : Andhra Pradesh

Decided on : Oct-14-1970

Reported in : AIR1971AP218; [1971]28STC175(AP)

..... persons have got and others have not. it is not a right in the popular sense.'45. it will have thus be plain that a substantive right which originates in contract property or a statute becomes vestes when it is complete and not inchoate. it is thus a right which is considered as property and it is this right that is ..... one year was not affected by the repealing act. rejecting the contention, it was observed:'there is no vested right to have recourse to a particular procedure for enforcing a contract; such a right cannot be claimed by the parties to mortgage, as being in any sense a right which arises out of the legal relation of a mortgagor and mortgagee ..... , and if an act of parliament alters that mode of procedure he has no other right than to proceed according to the altered mode. the remedy does not alter the contract or the tort; it takes away no vested right for the defaulter can have no vested right in a state of the law which left the injured party without or ..... . to alter the procedure, involves no breach of their contract. their rights and liabilities under their contract, and the relief they are entitled to in respect of such rights and liabilities, are different things from the procedure necessary to enforce such rights, liabilities and .....

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Nov 02 1970 (HC)

Mohammad Jaffer Ali Vs. S. Rajeswara Rao and ors.

Court : Andhra Pradesh

Decided on : Nov-02-1970

Reported in : AIR1971AP156

..... that the lease was of a talkie house with every thing that is necessary to run cinema shows and to sport up such a composite lease as this into separate contracts of lease and hire is t destroy is altogether. but, it should be noted that this view was adopted, when the definition of the expression 'building' did not contain the ..... be presumed to have known of the provisions the act and contracted out of the terms of the act. while saying so, the learned judges further held that the act was but applicable as the lease was not one of a mere ..... been parties knew or must be deemed have been aware of the provisions of the madras act (xxv of 1949) and it was open. to the to enter into a contract containing terms manifestly inconsistent with the provisions of the act. and there was nothing illegal in such a course. the court upheld this contention and held that the parties must .....

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Aug 31 1970 (HC)

Gangabai and ors. Vs. Srinivasa Rao

Court : Andhra Pradesh

Decided on : Aug-31-1970

Reported in : AIR1971AP293

..... provided for a period of about 4 years for the complete performance of the obligations. consequently, it cannot be said that the enforcement of the contract is prejudicial or oppressive and that the delay on the part of the plaintiff disentitles him to the grant of specific relief.11. i am ..... appeal. in the present case, no question of wavier arises. the appellant insisted upon the preliminary requisite step being fulfilled for the implementation of the contract. he has categorically stated that he was prepared to pay the amount due under the instalments provided the proceedings for obtaining sanction was commence by the ..... per the understanding at the time of the execution of the agreement.9. was it permissible for the vendor under those circumstances to treat the contract as cancelled merely on the basis that the amount due as per the first and the second instalments was not paid till october, 1965 when ..... his intention. the factual position here is analogous to that in the case decided by the supreme court. time was not the essence of the contract as is evidence from the provisions in the agreement spreading payments over a period of more than four years. even with reference to the first ..... indication of the vendor waiving the limit of time prescribed by the agreement. the question is whether there after, he was justified in treating the contract as having lapsed, when he gave notice on 6-10-1965. in gomathinayagam pillai v. palaniswami nadar, air 1967 sc 886 it was laid down .....

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Dec 21 1970 (HC)

The Hyderabad Allwyn Metal Works Ltd. Vs. the Deputy Commissioner, Com ...

Court : Andhra Pradesh

Decided on : Dec-21-1970

Reported in : [1972]29STC153(AP)

..... that basis we are asked to quash the order and remit the cases to him, so that the deputy commissioner may consider in detail all the contracts and decide the points of law. we do not however think it possible and not even necessary. the appellate tribunal, if it thinks necessary, ..... the deputy commissioner gave two notices and there were replies given by the petitioner. he categorically stated in the order that he has examined all the contracts. there is nothing in the order which suggests that he was in any manner influenced in the individual cases by the circular. it is also ..... board of revenue in the said circular had invited the attention of the assessing authorities to the legal position in regard to the definition of works contract and that of the term 'sale' it has not sought to impose its own decision in individual cases. it has left a larger discretion ..... , 1967. by this order the deputy commissioner reached the conclusion that the assessing officer had previously wrongly considered that it was a case of works contract and had wrongly exempted the turnover from levy of tax. rejecting the contentions raised by the petitioner before him, the deputy commissioner assessed the turnover ..... 1 k.b. 608 at 613 and 614.35. it was then contended that the deputy commissioner did not consider all the contracts to find out whether they were works contracts or not. it was also contended that the deputy commissioner did not consider whether the transactions of so-called sale are separable in .....

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Jul 06 1970 (HC)

D. Balakrishnamurthy and ors. Vs. Manasani Veeranarassaiah Alias

Court : Andhra Pradesh

Decided on : Jul-06-1970

Reported in : AIR1971AP251

..... the legislature has prohibited the making of agreements by tenants, the effect of which is to make the benefits of the legislation inapplicable to them. tenants are not allowed to contract themselves out of the benefits of the act. nevertheless, it appears to me that it was not intended by the law-makers to promote wasteful and vexatious litigation by preventing .....

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